INSTRUCTIONAL MATERIALS: USE, OWNERSHIP AND CONTROL OF

The following guidelines provide that certain materials may be copyrighted
in the name of the Board of Regents of the University of Wisconsin System.

These guidelines are an effort to bring into focus some of the underlying
issues involved in the ownership and copyrighting of instructional materials.
This is necessary because an institution of the University of Wisconsin
System (universities, colleges, or extension), with greater frequency, may
have a direct interest in certain instructional materials because substantial
public resources have been used in their creation and production or because
the author(s) contracted with an institution specifically to develop the
materials. An example of this would be a written agreement between the institution
and the author(s) with the specific, stated intention that a videotaped
lecture series with a published course outline and bibliography would be
produced at the institution's expense.

These guidelines do not assert a UW System property interest in materials
which result from the activities of the author(s) in the pursuit of traditional
teaching, research, and scholarly activities. Production of these materials,
including theses, scholarly articles, journal articles, research bulletins,
monographs and books, may be implicit in the author's role as a UW System
employee and should be contrasted with instructional materials produced
pursuant to an explicit agreement where the author acts under contractual
agreement to produce copyrightable materials.

Resolution of the interests of the UW System1 and of the
author(s)2 must be on a case-by-case basis, applying the
principles and considerations of these guidelines.

A. Copyrightable instructional materials may be produced
or developed under the following five conditions:

1) No UW System support or involvement;
2) minimal UW System support or involvement;
3) substantial UW System or institutional support and involvement;
4) an assigned duty or pursuant to a work-for-hire agreement;
5) support from an extramural sponsor.

B. "Minimal," as used in this policy, includes
the use of university laboratories or equipment but does not include released
time from regularly
assigned duties.

C. "Substantial," as used in this policy, includes,
for example, released time from regularly assigned duties; direct investment
by the university of
funds or staff, or the purchase
of special equipment for the project; use of multimedia production personnel
and facilities; or extraordinary
use of computing resources.

Ownership Interests

A. It is the policy of the UW System that copyrightable materials produced
as stated in 3.A.(1) and (2) above belong solely to the author.

B. Materials produced with substantial institutional support (as in 3.A.(3)
above) are required to be the subject of a written understanding or agreement
between the author and the chancellor or his/her designee that equitable
determines copyright and ownership rights. A sample
agreement is included at Attachment A to this policy.
If the institution chooses in writing not to assert a copyright interest
to which it has a
right, the author may do so in his/her own name.

C. When the production of copyrightable materials is a primary purpose
of employment or independent contractor relationship (as in 3.A.(4)
above), the institution shall own all rights
and a written "work-for-hire" agreement shall be executed. A
sample "work for hire" agreement is
included as Attachment B to this policy. Fair
payment shall be made to the author, and the institution shall receive
all rights to the materials
and receive all royalties and fees.

D. When such materials are produced as an assigned duty of employment,
the institution shall own all rights and receive all royalties and fees,
except where a contrary agreement has been reached
between the author and the chancellor of his/her designee prior to the
beginning of
the project.

E. When copyrightable materials are produced with extramural support,
(in 3.A.(5) above), the agreement with the extramural sponsor shall be
considered in determining the copyright and ownership
rights of the parties.

Contractual Guidelines

Conditions of production, use, and final disposition of copyrightable materials
will vary from time to time. Where such materials are to be produced under
the conditions specified in 3.A.(3) and (4) of this policy the author and
the producing agency must develop a written agreement defining the rights
and responsibilities of all principal parties to be signed by the author
and the chancellor or his/her designee prior to the beginning of production.
Such an agreement may also be appropriate when copyrightable instructional
materials are produced under the conditions specified in 3.A.(5) of this
policy. In addition to establishing ownership interests in accordance with
section 4. Of this policy, all such agreements should reflect the following
principles:

A. Author and Institutional Responsibilities

Suitability and relation of the project to the academic mission of
the institution shall be determined by the chancellor or his/her designee.

The sponsoring department or functional equivalent shall designate
an individual ("the responsible individual") to assume responsibility
for the content and structure of the project.

The responsible individual will be responsible for obtaining clearances
or any necessary permission for the use of previously copyrighted materials
which are planned for inclusion in the project. A sample permission
request form is attached to this policy at Attachment C.

The responsible individual is also responsible for obtaining any necessary
agreements, waivers, and releases of rights from project participants
in connection with their contributions to the project.

B. Internal Use

"Internal" is defined as all University of Wisconsin institutions,
Extension, and UW System Administration by any means including broadcast,
closed circuit television, compressed video, digital software, multimedia
formats, or other means of distance learning.

Agreements developed under this policy should address internal use,
providing that any charges by UWM to other UW System institutions for
internal use of copyrightable instructional materials be limited to
reflect actual direct costs, incurred such as: production, promotion,
handling, and duplicating. Internal use and sharing of materials should
be encouraged.

C. External Distribution

Distribution external to the UW System may occur either through direct
rental, sale, or licensing by UWM or its designee or through commercial
rental, sale, or distribution by a third party publisher under an agreement
for payment of royalties.

Release of instructional materials for external distribution shall
be negotiated between the institution and the author. When possible,
the results of the negotiating process shall be incorporated into the
written contract prior to beginning of production. Since all future
uses cannot be anticipated, provision should be made in the contract
to assure that uses for external distribution could be arranged upon
further negotiation.

D. Revision or Withdrawal

Where the Board of Regents of the UW System owns a copyright interest in
instructional materials on behalf of UWM, the materials should receive timely
and periodic review by users and producers to ensure currency and relevance
consistent with the following:

The instructional materials shall not be altered or revised without
consultation with the author.

If the institution continues the use and/or the authorization of use
by others of materials contrary to the recommendation of the author,
it shall not be advertised or presented as the author's work, except
to the extent appropriate to acknowledge the author's participation
in the original production of the copyrightable materials.

The author shall be offered the opportunity to assume responsibility
for the revision of the instructional material. If the author declines,
the assignment of responsibility will be made by the Chancellor or his/her
designee.

The author should be consulted when instructional materials are considered
for uses other than the one for which they were produced.

Remuneration Issues

A. Production

A sponsoring department or its functional equivalent may grant released
time from regularly assigned institutional duties to an author of copyrightable
instructional materials.

Released time under this section would normally be granted in the stages
of planning, production, presentation, evaluation, and revision.

B. Allocation of Financial Benefits of External Distribution

The financial benefits of external distribution of copyrightable materials
produced under the conditions specified in section 3.A.(3) shall be shared
by the sponsoring department(s) or functional equivalent, the author,
and the institution, with a portion of the institution=s share designated
for the production group.

Two schedules of revenue distribution based on (a) pre- and (b) post-
amortization of costs should be established as follows:

a) Preamortization. A reasonable pattern of distribution
prior to amortization provides an approximate return of ten percent
of gross receipts to the author. Ninety percent
is retained for distribution to the department or functional equivalent,
the
production unit, and the institution for
amortization of their contributions.

b) Postamortization. After amortization, the author's share
of receipts should increase to approximately twenty-five percent
of gross receipts.

It is recommended that the department's or functional equivalent's
share of the receipts be used for support of teaching load adjustment
necessitated by production, or development of new course materials and/or
the revision or improvement of the original project.

Any distribution of gross receipts agreed upon in accordance with this
policy paper shall continue under the terms of the agreement, regardless
of the author's termination from employment with UWM.

C. Outside Resource Person

Fees for outside consultant(s) or other participants in a project shall
be negotiated between the responsible author and the consultant or participant.
Any agreement for the payment of fees shall include a waiver by the consultant
or participant of any ownership interest, including any copyright or other
intellectual property interest in the resulting materials.

7. Administration and Review of Guidelines

A. Administration of these guidelines shall be vested in the
Chancellor or his/her designee.

B. These guidelines may serve as the basis of contract between
the author and UWM.

C. These guidelines may serve as the basis on contract between
the author and UWM.

1 Ownership interests acquired by the UW System under this
policy vest and are taken in the name of "The Board of Regents of the University
of Wisconsin
System."2 "Author" as used in this policy means the authors,
artists and other creators of instructional materials and may include faculty,
staff, or students who, as a regular
part of the instructional program, become participants in
the creation of copyrightable materials.

ATTACHMENT A

SAMPLE COPYRIGHT AGREEMENT AND ASSIGNMENT

This agreement is between the Board of Regents of the University of Wisconsin
System on behalf of the University of Wisconsin-Milwaukee, Department (or School)
of ______________________

Whereas it is the policy of the UW-Milwaukee to disclaim copyrights to the
Works produced by its employees created during the course of their employment
except as stated in General Administrative Policy and Procedure Paper #27 (hereinafter
GAPP 27); and

Whereas the parties agree that an exception, [substantial university support/extramural
funding] applies to a specific Work (to be) created by the Author(s) and the
UW-Milwaukee claims a copyright interest in the Work:

Now, therefore, in consideration of the mutual promises contained herein, the
parties agree as follows:

1. The "Work" for purposes of this agreement is described
as:

____________________________________________________

____________________________________________________

____________________________________________________

2. The Author(s) agree(s) that all right, title, and interest
in the Work, including subsidiary rights and the right to maintain copyright
in the name of the
Board of Regents of the University of Wisconsin
System, is, or shall be by assignment through this agreement, exclusively
vested with
UW-Milwaukee.

3. The Author(s) warrant:

that the Work does not infringe any valid copyright or other property
right of any other person;

that the Author(s) have the power to convey all rights granted and assigned
in this agreement;

that the Work contains no libelous, defamatory or other unlawful material
and Author(s) (jointly and severally) agree(s) to hold UW-Milwaukee harmless
from any claim, suit or proceeding based on the grounds that the Work contains
such harmful
matter, and agrees to indemnify UW-Milwaukee for reasonable expenses incurred
in defending, settling, or otherwise responding to such claims; and that
the copyright has not been assigned previously nor the Work published.

If the work includes any copyrighted material not in the public domain,
the Author(s) will obtain permissions for the use of such material, and
provide copies of such permissions to UW-Milwaukee before the Work is published.
The cost for obtaining the permission shall be borne by the [Author(s)/UW-Milwaukee][choose
one].

If UW-Milwaukee intends to revise or publish future editions of the Work,
it hereby grants the right of first refusal to the Author(s) to modify or
edit the Work on behalf of UW- Milwaukee. If Author(s) do(es) not provide
an acceptable revision within a reasonable time or should Author(s) be deceased,
unable or unwilling to revise the Work, UW- Milwaukee may have the revision
or edition prepared and may deduct the authorship cost from the Author(s)
royalties. UW-Milwaukee agrees that the Author(s) shall have an opportunity
to read and correct the edited or modified manuscript in proof if the Author(s)
so request(s) in writing within ten (10) days of the completed revisions
or edition by UW-Milwaukee. UW-Milwaukee will consult with Author(s) when
the Work is considered for use other than the ones for which they were produced.
If UW-Milwaukee continues the use of the Work or authorizes its use by others
contrary to the recommendation of the Author(s), UW-Milwaukee shall not
advertise or present the Work as the work of the author.

The Author(s) will not, without written consent of UW-Milwaukee publish
any abridged or other version of the Work, any derivative work, or any Work
of a similar character tending to interfere with sales of the Work covered
by this Agreement. Such consent will not be unreasonably withheld.

When the Work is complete and acceptable for publication, UWBMilwaukee
shall perform, at its discretion, reasonable efforts to market the Work.

A royalty statement shall be prepared by UW-Milwaukee as of [ date
] of each year of publication, and within _____ days thereafter UW-Milwaukee
shall pay the appropriate royalty based on the following schedule:

The distribution of royalties to Author(s) shall continue under the terms
of this Agreement regardless of the Author(s) termination of employment
with UW-Milwaukee.

Notwithstanding the above, royalty accounting and payments will be discontinued
when, for two (2) successive royalty periods, earned royalties from all
sources do not exceed [twenty-five ($25.00)].

If UW-Milwaukee determines that further publication of the Work is not
desired it shall have the right to terminate this Agreement by sending written
notification to the Author(s). Upon such termination, the Author(s) may
request in writing that UW-Milwaukee assign the copyrights to the Author(s).
Approval of such request will not be unreasonably withheld.

This agreement and its attachments, if any, incorporated herein, constitute
the entire understanding between the parties with respect to the subject
matter hereof and supersedes any and all prior understandings and agreements,
oral and written, relating hereto, and may be amended at any time only in
a writing signed by both parties.

The delay or failure of any party to exercise any of its rights under
this Agreement for a breach thereof shall not be deemed to be a waiver of
such rights, nor shall the same be deemed to be a waiver of any subsequent
breach, either of the same provision or otherwise.

This agreement shall be governed by and construed under the laws of the
State of Wisconsin, which shall be the forum for any lawsuits arising from
or incident to this Agreement.

IN WITNESS THEREOF, the parties have accepted and executed this Agreement on
the dates indicated below.

For the Board of Regents of the

Author(s)

University of Wisconsin System

on behalf of UW-Milwaukee:

_____________________

___________________

Date ___________

Date __________

ATTACHMENT B

SAMPLE WORK-FOR-HIRE AGREEMENT

AGREEMENT FOR PERSONAL SERVICES

This agreement is between the Board of Regents of the University of Wisconsin
System, on behalf of UW-Milwaukee (hereafter, "UW-Milwaukee" and _________________
(hereafter, "Contractor"). For and in consideration of the mutual
promises set forth below, the parties agree:

Contractor shall [here insert a detailed description of the work to be performed
by and the specific duties and responsibilities of the contractor].

Contractor acknowledges that all services [he/she] provides under this Agreement
are provided as an independent contractor on a work-for-hire basis. Copyright
in any work resulting from the performance of the services under this agreement
shall vest and be held in the name of the Board of Regents of the University
of Wisconsin System.

UW-Milwaukee shall pay to Contractor the total amount of $____________ for
his/her services, as follows: [here describe the timing of payments and other
relevant payment terms].

Contractor agrees that all work under this Agreement shall be completed
on or before ______________. In the event that Contractor fails to complete
the work by that date, UW-Milwaukee may, at its option, extend this Agreement
for a fixed period of time it determines to be appropriate. In the alternative,
UW-Milwaukee may obtain the services of another contractor to perform the
work described in paragraph 1, in which case the Contractor shall provide
UW-Milwaukee with all work produced to the date of UW-Milwaukee's election
under this paragraph.

Contractor warrants that all materials furnished and used under this Agreement
are his/her own original works or materials for which he/she has obtained
ownership of the copyright. Contractor further warrants that the materials
do not infringe on any copyright, common law right, or proprietary right of
any third party.

UW-Milwaukee will acknowledge Contractor's contribution to any copyrighted
work resulting from the performance of services under this Agreement.

To the extent permitted by Wisconsin law, the parties agree to save, hold
harmless and defend each other and their respective agents, employees and
officers against any and all liability claims and costs of whatever kind or
nature, for injury to or death of any person or persons, and for loss or damage
to any property or property interest or loss of personal interests occurring
in connection with or in any way incidental to or arising out of such actions
or any activities associated with the terms of this agreement.

Accepted and executed by the parties on the dates indicated below:

_______________________________

____________________________________

Contractor

Board of Regents of the University of

Wisconsin System on behalf of UW-

Milwaukee, by [name of contracting] officer

Date ________________

Date _______________

ATTACHMENT C

SAMPLE LETTER REQUESTING PERMISSION TO USE COPYRIGHTED MATERIALS

Dear [copyright holder]:

UW-Milwaukee requests permission to copy and use the following material:

Title:

Author/Editor:

Edition to be duplicated and year of copyright:

Material to be used [i.e., amount, page numbers, chapters of the material]:

Period of intended use:

Method of reproduction:

Nature and purpose of use [teaching, research, etc.]:

Form of distribution:

Whether or not the material will be sold:

Number of copies:

Please advise me not later than ___________________, whether permission is
denied, granted or conditioned on any specific additional terms.